The view of Imami jurists on the transfer of ownership of the general sale at the expense and compliance with Iranian law

Document Type : Original Article

Authors

1 Department of Jurisprudence and Fundamentals of Islamic Law, Mahallat Branch, Islamic Azad University, Mahallat, Iran

2 Department of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran

Abstract

There has been a lot of discussion about the transfer of sale ownership in jurisprudence and law, but there has been little discussion about the acquisition or transfer of ownership of the sale in general. Therefore, the question arises whether general ownership is possible and what are the views of jurists and jurists on how to determine the general seller and exclude the seller from the general description? Therefore, by descriptive and analytical method, it has been concluded that the civil law, following the opinion of jurists, has considered the contract of sale as ownership and the time of transfer of ownership has been announced as the time of the contract, but jurists did not accept the ownership of the contract of sale because Extinct and non-tax on general sale are included as a liability. Therefore, they have ruled that the general sale is a covenant. While the jurists in the definition of sale, have explicitly referred to its ownership and have spread this ruling in all types of sale, especially the general sale on liability and believe that the sale can be concluded in general on liability and the time of transfer Ownership is the time of the contract and the seller is out of the general description when the seller fulfills the obligation and surrender of one of the general instances which is a part of ؛; And if the seller is unable to deliver one of the general instances to the seller, the contract

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 2311-2329

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